Okocha v. Disman

Filing 27

ORDER: accordingly, the Court accepts the Report's Recommendation. the Complaint is hereby dismissed without prejudice to the Plaintiff filing a new complaint following the conclusion of his administrative proceedings before the Social security Administration. the Clerk of Court is hereby requested to enter judgment accordingly and close this case. The Court certifies, pursuant to 28 U.S.c. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. So OrderedCopies mailed by Chambers (Signed by Judge Laura Taylor Swain on 9/9/11) (js)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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BASIL OKOCHA,
Plaintiff,
No. 11 Civ. 1854 (LTS)(JLC)

-v-

COMMISSIONER OF SOCIAL SECURITY,
Defendant.

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ORDER

Plaintiff Basil Okocha ("Plaintiff'), proceeding pro se, brings this action
appealing the decision to terminate his Social Security Income benefits. The case was assigned
to the undersigned and referred to Magistrate Judge James L. Cott. The Commissioner of Social
Security filed a motion to dismiss the Complaint. Judge Cott subsequently issued a Report and
Recommendation, dated July 19,2011 (the "Report"), which recommends that the Complaint
should be dismissed, as Plaintiff has failed to exhaust his administrative remedies. No objection
to the Report has been filed.
When reviewing a report and recommendation, the Court "may accept, reject, or
modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28
U.S.c.A. § 636(b)( I )(C) (West 2008). "To accept the report and recommendation of a
magistrate, to which no timely objection has been made, a district court need only satisfy itself
that there is no clear error on the face of the record."

~Wilds

v. United Parcel Service, Inc., 262 F.

Supp. 2d 163, 169 (S.D.N.Y. 2003) (internal citations and quotation marks omitted). The Court
is satisfied that the report contains no clear error. Accordingly, the Court accepts the Report's
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recommendation.
The Complaint is hereby dismissed without prej udice to the Plaintiff filing a new
complaint following the conclusion of his administrative proceedings before the Social Security
Administration. The Clerk of Court is hereby requested to enter judgment accordingly and close
this case.
The Court certifies, pursuant to 28 U.S.c. § 1915(a)(3), that any appeal from this
Order would not be taken in good faith, and therefore in fonna pauperis status is denied for the
purpose of an appeal.

See~~~~~..!.!.!..!:.~~~,

369 U.S. 438, 444-45 (1962).

SO ORDERED.
Dated: New York, New York
September 8, 2011

~RSWAm

United States District Judge

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